Navigation (Manning and Coasting Trade) Regulations (Amendment) (Cth)

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Statutory Rules 1981 No. 3681

__________

Navigation (Manning and Coasting Trade) Regulations2(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912.

 Dated 21 December 1981.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

RALPH J. HUNT

Minister of State for Transport

_____________

Commencement

1. These Regulations shall come into operation on 31 December 1981.

Citation

 2. Regulation 1 of the Navigation (Manning and Coasting Trade) Regulations is amended by omitting “Manning and”.

Interpretation

 3. Regulation 4 of the Navigation (Manning and Coasting Trade) Regulations is amended—

  • (a)

    by omitting the definitions of “Manning Committee” and “the Act” in sub‑regulation (1) and substituting the following definition:

“ ‘the Act’ means the Navigation Act 1912;”; and

  • (b)

    by omitting sub-regulation (3).

Repeal of Part II

 4.Part II of the Navigation (Manning and Coasting Trade) Regulations is repealed.

Permits to unlicensed ships to engage in coasting trade

 5. Regulation 25 of the Navigation (Manning and Coasting Trade) Regulations is amended—

  • (a)

    by omitting paragraphs (2) (a) and (b) and substituting the following paragraph:

    • “(a)

      shall be in accordance with Form 1 or 2, as the case requires; and”; and

  • (b)

    by omitting sub-regulation (3) and substituting the following sub-regulation:

  • “(3)

    A permit for a single voyage shall be in accordance with Form 3 and a continuing permit shall be in accordance with Form 4.”.

Application for licence to engage in the coasting trade

 6. Regulation 28 of the Navigation (Manning and Coasting Trade) Regulations is amended by omitting “Form M.A.C.T.—6” and substituting “Form 5”.

Application for renewal of licence

 7. Regulation 29 of the Navigation (Manning and Coasting Trade) Regulations is amended by omitting “Form M.A.C.T.—7” and substituting “Form 6”.

 8. Regulation 30 of the Navigation (Manning and Coasting Trade) Regulations is repealed and the following regulation substituted:

Licence fees

“30.

The fee for an application under regulation 28 or 29 is $5.”

Licences and renewals

 9. Regulation 31 of the Navigation (Manning and Coasting Trade) Regulations is amended—

  • (a)

    by omitting from sub-regulation (1) “Form M.A.C.T.—6 or Form M.A.C.T.—7” and substituting “Form 5 or 6”; and

  • (b)

    by omitting from sub-regulation (2) “Form M.A.C.T.—8” and substituting “Form 7”.

Security

 10. Regulation 34 of the Navigation (Manning and Coasting Trade) Regulations is repealed.

Evidence of payment of Australian wages

 11. Regulation 35 of the Navigation (Manning and Coasting Trade) Regulations is amended—

  • (a)

    by omitting “Form M.A.C.T.—9” and substituting “Form 8”;

  • (b)

    by omitting “Form M.A.C.T.—10” and substituting “Form 9”;

  • (c)

    by omitting all the words from and including “the Act:” to the end of the regulation and substituting “the Act.”; and

  • (d)

    by adding at the end thereof the following sub-regulation:

  • “(2)

    Nothing in sub-regulation (1) applies to or in relation to—

  • (a)

    a ship registered in Australia; or

  • (b)

    a ship that is operated by—

    • (i)

      a person who is a resident of, or has his principal place of business in, Australia;

    • (ii)

      a firm that has its principal place of business in Australia; or

    • (iii)

      a company that is incorporated, or has its principal place of business, in Australia.”.

Schedule

 12. The First Schedule to the Navigation (Manning and Coasting Trade) Regulations is amended—

  • (a)

    by omitting Forms M.A.C.T.—1 to M.A.C.T.—8 (inclusive) and substituting the following forms:

 FORM 1

Regulation 25

COMMONWEALTH OF AUSTRALIA

Navigation Act 1912

APPLICATION FOR SINGLE VOYAGE PERMIT FOR CARRIAGE OF PASSENGERS

To the Authorized Officer:

Name of Ship:  Port of Registry: Official No:

Owner: Agent:

 Application and prescribed fee are hereby submitted for a single voyage permit to carry passengers from the port of sailing on for which firm bookings are available:

 

Ports

Number of Passengers

       

Dated

 (Signature of

Owner or Agent)

 

__________

FORM 2

Regulation 25

COMMONWEALTH OF AUSTRALIA

Navigation Act 1912

APPLICATION FOR SINGLE VOYAGE PERMIT FOR CARRIAGE OF CARGO

To the Authorized Officer:

Name of Ship: Port of Registry: Official No:

Owner: Agent:

 Application and prescribed fee are hereby submitted for a single voyage permit for the following coastal voyage:

Port

Cargo

Loading

Discharge

Description

Tonnage

 Loading Date: Sailing Date:

 Dated

(Signature of

Owner or Agent)

__________

 FORM 3

Regulation 25

(Front of Form)

COMMONWEALTH OF AUSTRALIA

No:

Navigation Act 1912

PERMIT TO UNLICENSED SHIP—SINGLE VOYAGE

Name of Ship

Port of Registry

Official Number

Pursuant to the provisions of Section 286 of the Navigation Act, and in exercise of the power delegated to me by the Minister for Transport under Section 9 of that Act, I hereby grant, subject to the conditions set out on the back hereof, permission for the above-named ship to carry, on the voyage between and , commencing on or about

 , passengers and cargo as specified hereunder.

 

DETAILS OF PASSENGERS AND CARGO

Dated at this day of 19 .

 (Official stamp)

Delegate of the Minister for Transport

 

(Back of Form)

CONDITIONS SUBJECT TO WHICH THIS PERMIT IS ISSUED

__________

 FORM 4

Regulation 25

(Front of Form)

COMMONWEALTH OF AUSTRALIA

No:

Navigation Act 1912

PERMIT TO UNLICENSED SHIP—CONTINUING

 

Name of Ship

Port of Registry

Official Number

         

Pursuant to the provisions of Section 286 of the Navigation Act, I hereby grant, subject to the conditions set out on the back hereof, permission for the above-named ship to carry passengers and cargo between the ports, or any of them, specified hereunder.

 This Permit remains in force until cancelled by me upon not less than six months’ notice to the master, owner, or agent of the ship of the intended cancellation.

  

NAMES OR PORTS FOR WHICH PERMIT ISSUED

      

Dated at this day of 19 .

Delegate of the Minister for Transport

  

(Back of Form)

CONDITIONS SUBJECT TO WHICH THIS PERMIT IS ISSUED

 

__________

FORM 5

Regulation 28

COMMONWEALTH OF AUSTRALIA

Navigation Act 1912

APPLICATION FOR A LICENCE FOR A SHIP TO ENGAGE IN THE COASTING

TRADE

Name of Ship

Port of Registry or Home Port

Official Number

      

In consideration of a licence being granted I undertake that during such time as the above-named ship is engaged in the coasting trade all requirements of the Navigation Act and the Regulations thereunder will be complied with, and that, in particular, the officers and crew employed on the ship shall be paid wages in accordance with Part VI of the said Act.

 I, (full name of applicant) of (address) the (registered owner or charterer, or managing director, secretary or agent of the registered owner or charterer, or master) of the (name of ship), declare that I am authorized to apply and I do hereby make application as above. I further declare that to the best of my knowledge and belief the particulars given herein are in every respect true and correct.

(Signature)

 Signed and declared before me at this

day of , 19 .

Authorized Officer

 

__________

 FORM 6

Regulation 29

COMMONWEALTH OF AUSTRALIA

Navigation Act 1912

APPLICATION FOR RENEWAL OF A LICENCE TO ENGAGE IN THE COASTINGTRADE

Name of Ship

Port of Registry or Home Port

Official Number

       

I, (full name of applicant) of (address) the (registered owner or charterer, or managing director, secretary or agent of the registered owner or charterer, or master) of the (name of ship)  declare that I am authorized to apply and do hereby make application that the Licence to Engage in the Coasting Trade, No. issued in respect of the above-named ship at the port of on 19 (the “Master’s Copy” of which is attached hereto), be renewed for a further period of twelve months.

(Signature)

 Signed and declared before me at this day

of 19, .

Authorized Officer

 

__________

 FORM 7

Regulation 31

COMMONWEALTH OF AUSTRALIA

Navigation Act 1912

LICENCE TO ENGAGE IN THE COASTING TRADE

Name of Ship

Port of Registry or Home Port

Official Number

 

Pursuant to the provisions of Part VI of the Navigation Act, the above-named ship is hereby licensed for the period commencing on the date of this licence and ending on 30 June 19

  , to engage in the coasting trade, subject to compliance by its master, owner and agent, in respect of the vessel, with the provisions of the said Act and Regulations thereunder and in particular that the officers and crew employed on the ship shall, for the period during which it is engaged in the coasting trade, be paid wages at the current rates ruling in Australia.

Dated at

 this day of 19  .

 (Official stamp)

Delegate of the Minister for Transport

__________

  • (b)

    by omitting from the heading to Form M.A.C.T.—9 “Form M.A.C.T.—9” and substituting “Form 8”

  • (c)

    by omitting from Forms M.A.C.T.—9 and M.A.C.T.—10 “vessels” (wherever occurring) and substituting “ships”;

  • (d)

    by omitting from the heading to Form M.A.C.T.—10 “Form M.A.C.T.—10” and substituting “Form 9”;

  • (e)

    by omitting from Form M.A.C.T.—10 “of Engagement in Coasting Trade” (wherever occurring); and

  • (f)

    by omitting from Form M.A.C.T.—10 “£.s.d.” (wherever occurring) and substituting “$ c”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 December 1981.

2. Statutory Rules 1937 No. 104 as amended by Statutory Rules 1938 No. 78; 1940 No. 97; 1941 Nos. 5 and 23; 1942 Nos. 209 and 520; 1944 No. 133; 1945 No. 39; 1947 No. 30; 1948 No. 112; 1950 No. 90; 1953 No. 80; 1954 No. 39; 1963 No. 97; 1971 No. 63; 1974 No. 83; 1975 No. 114; 1978 No. 133; 1979 No. 202.

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